Baden-Württemberg decides on the use of Palantir

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The Baden-Württemberg state parliament is on the verge of clearing the way for the police to use the controversial data analysis software from the US company Palantir. An amendment to the Police Act is to be passed on Wednesday to create the legal basis for its use.

Palantir's software “Gotham” links data from different sources and helps investigators identify connections between people, places, and events. Proponents hope for faster investigations and more efficient analysis of mountains of data. Critics, on the other hand, warn of “dragnet searches at the push of a button” and dangers to data protection and informational self-determination.

Software not yet checked

The State Data Protection Commissioner of Baden-Württemberg, Prof. Tobias Keber, expresses constitutional concerns. The Federal Constitutional Court has made clear requirements for an explicit legal basis for police data analysis; the current draft law does not fully meet these, for example regarding the protection of uninvolved parties, the scope of data analysis, and possible AI application areas. An administrative regulation that could provide additional clarity is not yet available. “We have not yet examined the software itself,” says Keber; “initial talks with the police are underway; we expect more detailed insights.”

Constitutional lawyer Jonas Botta and numerous other data protectionists consider the use of the software to be highly problematic. They warn of a possible violation of fundamental rights and that the use of Palantir could usher in a new dimension of state surveillance.

The Society for Civil Liberties (GFF) also announced that it would sue against the use of police analysis software in Baden-Württemberg—similar to what has already happened in Bavaria and North Rhine-Westphalia, and again in Hesse. Lawsuits against Hessendata have already been successfully filed; another lawsuit is still ongoing. The GFF sees the planned amendment to the law as insufficient protection of personality rights and lack of guarantees for rule-of-law control. So far, the software, which has been in use in Hesse, NRW, and Bavaria for years, has not been able to be examined by independent bodies during ongoing operations.

Petition against Palantir

The involvement of Palantir co-founder Peter Thiel is causing additional controversy. The tech billionaire and former Trump supporter is seen by many critics as a symbol of the influence of US corporations on security-relevant infrastructure. Green party member Sebastian Müller, who initiated a petition against Palantir with more than 13,000 signatures, described Thiel as a “confessed fascist” according to dpa in front of the Baden-Württemberg state parliament and called for an end to cooperation with the company.

In other countries, Palantir's software is also used in healthcare, for example in England or the US Department of Defense. There, for example, the AI-supported system “Maven” is used for planning, analysis of drone videos, target identification, and attack preparation.

Data protection lawyer wanted

While critics fiercely debate the legal basis, a job advertisement by the Baden-Württemberg police—after a 5-year contract with Palantir has already been signed—is causing amusement: a data protection lawyer is currently being sought, among other things, to “ensure compliance with data sovereignty, especially when introducing cross-procedural research and analysis (VeRA)”.

Manuel Atug, who drew attention to the job advertisement, commented to heise online: “Palantir is being acquired in Baden-Württemberg without a legal basis, as this is now being forced. At least data sovereignty is not being ensured by a working student position; one should be happy about that.”

According to the Ministry of the Interior, there is currently no alternative; as dpa reports, however, there are companies that are suitable. It also emphasizes that the data is processed exclusively in secure data centers in Germany under police authority. Access from abroad is excluded, yet Palantir employees with access to the data center are regularly present at the police station. The software costs Baden-Württemberg around 25 million euros, and there is no exit clause, according to dpa. The contract was signed in March according to Tagesschau information due to a price-binding period. Otherwise, Palantir would have cost twice as much. The police are expected to be able to use the software from the second quarter of 2026.

(mack)